1250 Broadway, 27th Floor New York, NY 10001

LET THERE BE ASSISTANCE (ANIMALS)!

A.G. Schneiderman Announces Settlement To Require Plattsburgh Landlord To Allow Disabled Tenants To Keep Assistance Animals

Katherine And George Hubbell, Owners Of Northway Apartments Must Accommodate Disabled Individuals’ Assistance Animals; Pay $3K Fine

Schneiderman: My Office Will Fight To Enforce Laws That Protect New Yorkers With Disabilities

Attorney General Eric T. Schneiderman recently announced a settlement with Katherine and George Hubbell and their real estate holding companies to require them to immediately stop denying assistance animals to disabled tenants.

“Service animals provide a level of comfort and security to individuals with disabilities, greatly improving their lives,” Attorney General Schneiderman said. “My office will continue fighting to defend the rights of New Yorkers with disabilities and enforce the laws that protect them.”

The Attorney General received a complaint from a disabled veteran who suffers from post-traumatic stress disorder (PTSD) and has a dog to help alleviate some of the symptoms associated with PTSD. He sought to rent at the Northway Apartments on upper Margaret Street for himself and his assistance animal. He made it clear to Northway that he is disabled and needs the animal to help with the disability. Northway owner Katherine Hubbell responded, “We do not accept pets. Thank you for your interest,” and refused to rent to him.

Landlords are legally allowed to prohibit pets. However, under the federal Fair Housing Act, assistance animals are not pets, and therefore, landlords cannot prohibit them. Assistance animals perform tasks for disabled individuals or provide emotional support that helps with symptoms of the disability. Most assistance animals are dogs, but cats and other animals can qualify as well.

A landlord is permitted to verify that the person has a disability and that the assistance animal is needed to help cope with it. Once these are verified, the landlord cannot prohibit the animal as a pet. Nor can the landlord charge extra rent or an extra deposit for the assistance animal. Tenants who believe their landlords are not reasonably accommodating their disabilities are encouraged to contact the Attorney General’s Plattsburgh Regional Office at 518-562-3282 or visit the AG’s web site at www.ag.ny.gov.

The AG’s agreement with the Hubbells and their companies requires them to adopt a written policy for accommodating the disabled, to instruct their staff about assistance animals, and to inform tenants and prospective tenants of their rights. The Hubbells must also pay to the Attorney General $3,000, up to half of which may be used by the AG to compensate individuals whose disabilities were not properly accommodated.

This matter was handled by Plattsburgh Assistant Attorney General in Charge Glen Michaels and Investigator Justin Rebideau. The Executive Deputy Attorney General for Regional Affairs is Marty Mack.

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